Greater protection for domestic abuse victims after new law approved unanimously

Monday 28 October 2024

A new domestic abuse law will prevent offenders from falling through the gaps of outdated legislation, its backers have said.

Based on laws from Scotland and the Isle of Man, the new law aims to reduce repeat offending, make sure offenders are properly dealt with, and give law enforcement and supporting services the proper tools to handle complex and delicate cases.

The legislation sees the creation of several new offences, and adjusts some old definitions. There’s now greater protection if a victim has a “personal connection” to the abuser, and sees the creation of new offences, “threatening to disclose private sexual images” and “causing or allowing death or serious harm in a household”. 

There’s extra protection for the next generation as well. The new offence of child cruelty builds on existing legislation and now includes “non-physical forms of cruelty” and can be applied to anyone with responsibility over a child. 

Restraining orders can now be imposed after a conviction for any offence, or after acquittal.

Lastly there’s the introduction of new police tools, aimed at protecting people from further risk of abuse, and new domestic abuse protection orders (DAPOs), which can impose longer-term requirements and prohibitions on offenders. Breaches of these orders would be a criminal offence.

The States say training is being planned and put in place ahead of the legislation ‘going live’, which will happen over the next few months. Organisations such as Safer are also due to help make sure it’s understood by everyone who could be involved in the process. It will also be open to voluntary agencies who engage in the safeguarding of domestic abuse victims.

Pictured: Deputies Sue Aldwell and Rob Prow, both of the Home Affairs Committee.

Following the unanimous approval by the States last week, Home Affairs President Deputy Rob Prow said: “At the start of this term the committee undertook to prioritise updating sexual and domestic abuse legislation across the board, because the island’s laws were often outdated. 

“This is the latest of the now many steps we have taken to achieve that priority, following the implementation of the Domestic Abuse and Sexual Violence Strategy and we have enjoyed the support of the full Assembly in bringing it to fruition.

“It is vital that the Law contains the right protections for victims of these unacceptable types of offences, and it is equally as important that the authorities responsible have the tools to do so effectively. This legislation provides for both of those areas, and I am optimistic it will make a serious difference in the way these offences are handled, in turn making the Bailiwick a safer place for all.”

Deputy Sue Aldwell is the Lead on Domestic Abuse & Sexual Assault for Home Affairs, she said: “We wanted to modernize the law in a way which properly supports and protects them, and move the Bailiwick past the days where certain types of offenders fall through gaps in our then-outdated legislation.

“This new Law will certainly achieve that, and the Committee will now be monitoring the number of cases coming through the Police and the Courts to see what impact this Law has. I am particularly pleased that we have been able to bring so many services together to deliver this legislation, from the police to the probation service, and from charities such as Safer to the Courts.

“They will all be working together to train on the new laws, protect victims and prosecute offenders going forwards.”

If you’d like to read the full legislation approved by States members, you can do so on the governments website.